Can Condo Associations legally allow owners to fence off part of the common area for their exclusive use without a vote of the Association?
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Anonymous
ANSWERS: 2
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Since I live in a Condo Association in Illinois, I may be able to help you, if you still need the info. Condo Associations typically have a set of covenants or rules that everyone in the Association has to abide by as well as a condo manager (or management group) to make sure that things happen (or don't happen) according to the rules. In our association, the common areas are for everyone and no owner would be allowed to fence off anything more than their own (think tiny) patio (and only then with appropriate plans submitted and approved by the Assn) When you are part of a Condo Assn, you have invited another level of government to your life, whether you like it or not. You could probably get help from your city hall and some useful info on how condo assns work from you local public library. This question was answered by Kay R, a librarian at the Naperville Public Library (Illinois) Naperville's Neighborhood of Knowledge www.naperville-lib.org
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If it is in part of the Condo rules...or has been voted in by a quorum. Without a vote I don't think it is feasible unless written into the original rules. You should be able to get a copy of these rules through the council president or your condo management company. Usually common areas are just that--common property...even my balcony on the 16th floor is common property --I cannot change it without permission.
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